Toubus v. Superior Court of California, County of Marin

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that 28 U.S.C. § 1331 and U.S. Constitution do not waive government’s sovereign immunity
• waiver of immunity must be found in statute giving rise to the cause of action
• statute held unconstitutional on other grounds in Aldana v. Holub, 381 So.2d 231 (Fla.1980)
• invocation of doctrine against government requires affirmative misconduct
• invocation of doctrine against government requires affirmative misconduct
• mere negligence will not constitute affirmative misconduct

Source: CourtListener parenthetical corpus (CC0).